terminus or shops, run until nine o'clock a. m. on Sunday, but not later, nor for any other purpose than to reach the terminus or shops. Code, s. 1973; 1879, cc. 97, 203; 1885, c. 92; 1897, c. 126; 1901, c. 444.

2614. Fast mail trains authorized; one train a day in each direction required. The corporation commission is hereby empowered, whenever it shall appear wise and proper to do so, to authorize any railroad company to run one or more fast mail trains over its road, which shall only stop at such stations on the line of the road as may be designated by the company: Provided, that in addition to such fast mail train said railroad shall run at least one passenger train in each direction over its road on every day except Sunday, which shall stop at every station on the road at which passengers may wish to be taken up or put off: Provided further, that nothing in this section shall be construed as preventing the running of local passenger trains on Sunday.

1893, c. 97.

2615. Vestibule fronts on street railway cars. All street passenger railway companies shall use vestibule fronts, of frontage not less than four feet, on all passenger cars run by them on their lines during the latter half of the month of November and during the months of December, January, February and March of each year: Provided, that such companies shall not be required to close the sides of the vestibules: Provided further, such companies may use. cars without vestibule fronts in cases of temporary emergency in suitable weather, not to exceed four days in any one month within. the period herein prescribed for use of vestibule fronts. The corporation commission is hereby authorized to make exemptions from the provisions of this section in such cases as in their judgment the enforcement of this section is unnecessary.

1901, c. 743.

2616. Street railways to have fenders in front of passenger cars. All street passenger railway companies shall use practical fenders in front of all passenger cars run by them. The corporation commission is hereby authorized to make exemptions from the provision of this section in such cases as in their judgment the enforcement of this section is unnecessary.

1901, c. 743, s. 2.

2617. May seize and use fuel. If any railroad or other transportation company finds it necessary, in order to prevent delays in the transportation of freight or passengers, to take possession of coal, wood or other fuel not its own property and convert it to its own use without an agreement with the owner thereof, it shall notify

such owner within three days of such taking and shall, within a period of thirty days, pay for such coal, wood or other fuel at the invoice price at place of shipment, plus ten per cent. Should the transportation company fail to notify the consignee or owner within such three days or pay for said coal, wood or other fuel at the invoice price at place of shipment, plus ten per cent. as above provided, within thirty days after converting the same to its own use it shall in addition forfeit to the party aggrieved the sum of twenty-five dollars for the first day of failure to notify such consignee of such appropriation of said fuel, or their failure to pay for the same, and five dollars for each day thereafter in which they shall fail to notify such consignee or pay for the same.

1903, c. 590, s. 4.

IX. PASSENGERS.

2618. First and second class accommodations. All railroad companies shall furnish first and second class passenger accommodations.

1899, c. 384, s. 4.

2619. Separate accommodations for different races. All railroad and steamboat companies engaged as common carriers in the transportation of passengers for hire, other than street railways, shall provide separate but equal accommodations for the white and colored races at passenger stations or waiting rooms, and also on all trains and steamboats carrying passengers. Such accommodations may be furnished by railroad companies either by separate passenger cars or by compartments in passenger cars, which shall be provided by the railroads under the supervision and direction of the corporation commission: Provided, that this shall not apply to relief trains in cases of accident, to Pullman or sleeping cars, or through express trains that do not stop at all stations and are not used ordinarily for traveling from station to station, to negro servants in attendance on their employers, to officers or guards transporting prisoners, nor to prisoners so transported.

1899, c. 384; 1901, c. 213.

2620. Corporation commission may exempt certain roads and trains. The corporation commission is hereby authorized to exempt from the provisions of the preceding section steamboats, branch lines and narrow-gauged railroads and mixed trains carrying both freight and passengers, if in its judgment the enforcement of the same be unnecessary to secure the comfort of passengers by reason of the light volume of passenger traffic, or the small number of colored

passenger travelers on such steamboats, narrow-gauge, branch lines or mixed trains.

1899, c. 384, s. 2; 1901, c. 213.

2621. When two races put in same coach. When any coach or compartment car for either race shall be completely filled at a station where no extra coach or car can be had, and the increased number of passengers could not be foreseen, the conductor in charge of such train may assign and set apart a portion of a car or compartment assigned for passengers of one race to passengers of the other

race.

1899, c. 384, s. 3.

2622. Penalty for failing to provide separate cars. Any railroad company failing to comply in good faith with the provisions of the three preceding sections shall be liable to a penalty of one hundred dollars per day, to be recovered in an action brought against such company by any passenger on any train or boat of any railroad or steamboat company which is required by this chapter to furnish separate accommodations to the races, who has been furnished accommodations on such railroad train or steamboat in only a car or compartment with a person of a different race in violation of law. 1899, c. 384, s. 5.

2623. Must check baggage; liable for loss. A check shall be affixed to every parcel of baggage when taken for transportation by the agent or servant of such corporation, if there is a handle, loop or fixture so that the same can be attached upon the parcel or baggage so offered for transportation, and a duplicate thereof given to the passenger or person delivering the same on his behalf; and if such check be refused on demand the corporation shall pay to such passenger the sum of ten dollars, to be recovered in a civil action; and further, no fare or toll shall be collected or received from such passenger, and if such passenger shall have paid his fare the same. shall be refunded by the conductor in charge of the train, and on producing said check, if his baggage shall not be delivered to him, he may, by an action, recover the value of said trunk or baggage. Code, s. 1970; 1871-2, c. 138, s. 36.

2624. Baggage handled carefully. All railroad and steamboat companies shall handle with care all baggage and freights placed with them for transportation, and they shall be liable in damages for any and all injuries to the baggage or freight of persons from whom they have collected fare or charged freight, while the same is under their control; and upon proof of injury to baggage or freight in the

possession or under the control of any such company, it shall be presumed that the injury was caused by the negligence of the company.

1897, c. 46.

2625. Ticket to intoxicated man refused. The ticket agent of any railroad, steamboat or other transportation company shall at all times have power to refuse to sell a ticket to any person applying for the same who may at the time be intoxicated.

1885, c. 358.

2626. May prevent intoxicated person from entering. The conductor, captain or other person in charge of any railroad car, steamboat, or other conveyance for the use of the traveling public, shall at all times have power to prevent any intoxicated person from entering such car, boat, or other conveyance.

1885, c. 358, s. 2.

2627. Unused tickets to be redeemed. When any round-trip ticket is sold by a railroad or transportation company it shall be the duty of such company to redeem the unused portion of said ticket by allowing to the holder thereof the difference between the cost thereof and the price of a one-way ticket between the stations for which such round-trip ticket was sold. Whenever any one-way or regular ticket is sold by a railroad or transportation company, and not used by the purchaser, it shall be the duty of the company selling the ticket to redeem it at the price paid for it. All railroad and transportation companies shall redeem all mileage tickets known as five-hundred, thousand and two-thousand mile tickets, sold by them, if presented within a year from the date of the sale, in money, when as much as fifty per centum of such ticket has been used by the purchaser, by paying the same price per mile paid for it, or shall allow the original holder to ride it out.

1891, c. 290; 1893, c. 249; 1895, c. 83, ss. 2, 3; 1897, c. 418.

2628. Injury to passengers on platform, etc. In case any passenger on any railroad shall be injured while on the platform of a car or on any baggage, wood or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside its passenger cars then in the train, such company shall not be liable for the injury: Provided, said company at the time furnish room inside its passenger cars sufficient for the proper accommodation of its passengers.

Code, s. 1978; 1871-2, c. 138, s. 42.

2629. Refusing to pay fare, may eject. If any passenger shall refuse to pay his fare, or violate the rules of the corporation, it shall

be lawful for the conductor of the train and the servants of the corporation to put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place or near any dwellinghouse, as the conductor shall elect, on stopping the train. Code, s. 1962; 1871-2, c. 138, s. 34.

X. FREIGHT.

2630. Freight rates posted. It shall be the duty of all railroad and other transportation companies to keep posted in a conspicuous place in their depots or places where freight is received for shipment a list of its charges for carrying freight, specifying name of place, class of freight and charge for carrying the same. Such charges shall not be increased without giving fifteen days' notice, and the company represented by any agent refusing to comply with this section shall be liable to a penalty of not less than fifty nor more than one hundred dollars.

Code, s. 1965; 1879, c. 182, s. 2.

2631. Penalty for failure to receive. Agents or other officers of railroads and other transportation companies whose duty it is to receive freights shall receive all articles of the nature and kind received by such company for transportation whenever tendered at a regular depot, station, wharf or boat landing, and every loaded car tendered at a sidetrack, or any warehouse connected with the railroad by a siding, and shall forward the same by the route selected by the person tendering the freight under existing laws; and the transportation company represented by any person refusing to receive such freight shall forfeit and pay to the party aggrieved the sum of fifty dollars for each day said company refuses to receive said shipment of freight, and all damages actually sustained by reason of the refusal to receive freight. If such loaded car be tendered at any siding or workhouse at which there is no agent, notice shall be given to an agent at the nearest regular station at which there is an agent that such car is loaded and ready for shipment. Code, s. 1964; 1903, cc. 444, 693.

2632. Failure to transport in reasonable time; reasonable time defined; forfeiture. It shall be unlawful for any railroad company, steamboat company, express company or other transportation company doing business in this state to omit or neglect to transport within a reasonable time any goods, merchandise or articles of value received by it for shipment and billed to or from any place in the state of North Carolina, unless otherwise agreed upon between the company and the shipper or unless same be burned,